|
0
<br /> demands, expenses (including, but not limited to, attorney's fees and litigation expenses),
<br /> suits,judgments, or damage, irrespective of the type of relief sought or demanded, such
<br /> as money or injunctive relief, and irrespective of whether the damage alleged is bodily
<br /> injury, damage to property, economic loss, general damages, special damages, or punitive
<br /> damages. Contractor and the City agree that the term"damages"means a final judgment
<br /> in a judicial proceeding for damages arising out of bodily injury to persons or damage to
<br /> property. The City and Contractor expressly agree"damages"do not include or apply to
<br /> any third-party claims, demands or suits that have not been reduced to final judgment.
<br /> Contractor is not required to indemnify the City for damages caused solely by the
<br /> negligence of the City. If damages are caused by, or result from the concurrent
<br /> negligence of Contractor and the City,then Contractor shall indemnify the City only to
<br /> the extent of Contractor's negligence.
<br /> 9. Insurance. Contractor shall procure and keep in force during the term of this
<br /> Agreement, at Contractor's own cost and expense, automobile liability insurance on all
<br /> vehicles used by Contractor in the performance of its duties under this Agreement.
<br /> Proof of such insurance shall be provided to the City prior to performing any services
<br /> hereunder. A statement certifying that no vehicle will be used in fulfilling this
<br /> Agreement may be substituted for this insurance requirement.
<br /> 10. Independent Contractor.
<br /> A. It is further agreed by and between the parties that because this Agreement shall
<br /> not constitute nor create an employer-employee relationship, and since the Contractor is
<br /> an independent contractor, Contractor shall be responsible for all obligations relating to
<br /> federal income tax, self-employment FICA taxes and contributions, and all other so
<br /> called employer taxes and contributions, including, but not limited to, industrial insurance
<br /> (Workmen's Compensation), and that the Contractor agrees to indemnify, defend and
<br /> hold the City harmless from any claims, valid or otherwise, made to the City, because of
<br /> these obligations.
<br /> B. Any and all employees of the Contractor, while engaged in the performance of
<br /> any Work, shall be considered employees of the Contractor only and not of the City, and
<br /> any and all claims that may or might arise under the Worker's Compensation Act on
<br /> behalf of said employees or Contractor,while so engaged in any and all claims made by a
<br /> third party as a consequence of any negligent act or omission on the part of the
<br /> Contractor's employees, while so engaged on any of the Work, shall be the sole
<br /> obligation and responsibility of the Contractor.
<br /> C. Contractor shall comply with all applicable provisions of the Fair Labor
<br /> Standards Act and other legislation affecting its employees and the rules and regulations
<br /> issued thereunder insofar as applicable to its employees and shall at all times save the
<br /> City free, clear and harmless from all actions, claims, demands and expenses arising out
<br /> of said act, and rules and regulations that are or may be promulgated in connection
<br /> therewith.
<br /> D. Contractor assumes full responsibility for the payment of all payroll taxes, use,
<br /> sales, income, or other form of taxes (such as state and, city business and occupation
<br /> taxes), fees, licenses, excises or payments required by any city, federal or state legislation
<br /> which are now or may during the term of the Agreement be enacted as to all persons
<br /> Page 4
<br />
|